When doing business in Germany, it is important to understand the legal framework for supplier agreements. One key element of supplier agreements in Germany is the “directed supplier agreement,” also known as “gerichteter Lieferantenvertrag” in German.
A directed supplier agreement is a contract between a buyer and supplier in which the buyer specifies the supplier`s obligations, including product specifications, delivery times, and pricing. This is in contrast to an open supplier agreement, in which the supplier has more freedom to make decisions about the products and services they provide.
Directed supplier agreements are particularly common in industries such as automotive and aerospace, where precision and quality are essential. In these industries, the buyer often has strict requirements for the products they are purchasing, and a directed supplier agreement can help ensure that these requirements are met.
In a directed supplier agreement, the buyer typically has the right to perform quality inspections and audits to ensure that the supplier is meeting their obligations. The agreement may also specify penalties for late delivery or non-compliance with product specifications.
It is important for both buyers and suppliers to carefully negotiate and draft directed supplier agreements to ensure that they are clear and enforceable. In addition to specifying the parties` obligations, the agreement should also address issues such as liability, warranties, and intellectual property rights.
When drafting a directed supplier agreement, it is also important to consider any relevant German laws and regulations. For example, Germany has strict consumer protection laws, and suppliers must comply with these laws when producing and selling products in Germany.
In summary, directed supplier agreements are an important element of doing business in Germany, particularly in industries where precision and quality are essential. Both buyers and suppliers should carefully negotiate and draft these agreements to ensure that they are clear and enforceable, and comply with relevant laws and regulations.